R -v- ZW (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim no: AC-2024-LDS-000102

In the High Court
King’s Bench Division
Administrative Court

28 August 2024

In the matter of an application for judicial review

Before:

Her Honour Judge Kelly

Between:

R on the application of ZW

-v-

Secretary of State for the Home Department

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)

On an application by the Claimant for an anonymity order and an order directing the Claimant to be accommodated by the Defendant in the Newcastle area

On an application by the Defendant for an extension of time of four days to file an acknowledgement of service in this case

Following consideration of the documents lodged by the Claimant and the Acknowledgement of Service and documents filed by the Defendant

ORDER by Her Honour Judge Kelly

  1. The Claimant is granted an anonymity order.  Pursuant to CPR 39.2(4), there shall be no publication of the name of the Claimant and no publication of anything which might lead to their identification

  2. Pursuant to CPR 5.4C(2), any application by a non-party under CPR 5.4C to obtain documents other than the claim form, any judgment or order shall be made on at least 14 days’ notice to the parties.

  3. The parties have permission to file witness statements in response to any such application for disclosure (including making proposals for editing/ redacting sensitive content).

  4. Any non-party affected by this order has permission to apply, in writing and on notice to the parties, to abridge the time for notice required by paragraph 2 of this order. 

  5. Pursuant to CPR 39.2(5), this order shall be published on the website of the Judiciary of England and Wales.

6. Any non-party affected by this order may apply on notice to all parties to have this order varied or set aside.

7. The Claimant’s application for an interim order directing the Defendant to accommodate the Claimant in the Newcastle area is dismissed.

8. The Defendant’s application for an extension of time is granted.

9. The application for permission to apply for judicial review is refused.

10. The costs of preparing the Acknowledgement of Service and summary grounds of defence are to be paid by the Claimant to the Defendant, summarily assessed in the sum of £1,539.00.

11. The Claimant has the benefit of cost protection under section 26 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The amount of costs that the Claimant shall pay shall be determined on an application by the Defendant under regulation 16 of the Civil Legal Aid (Costs) Regulations 2013. Any objection by the Claimant to the amount of costs claimed shall be dealt with on that occasion.

Reasons

  1. An anonymity order is required to protect the Claimant and private matters concerning his health and immigration status. In addition, the Defendant does not object to this order.

2. In the circumstances of this case, it is reasonable to permit the Defendant a further four days to file its acknowledgement of service and summary grounds of defence.T

3. The Claimant has no realistic prospect of successfully arguing that the Defendant’s decision to move the Claimant away from the Newcastle area was unlawful and irrational.

4. Cogent evidence was not provided before the decision was made on 4 April 2024 that the Claimant’s cognitive behaviour therapy conducted by telephone would be discontinued if the Claimant moved out of the Newcastle area. In any event, some treatment did continue after he had moved out of area.

5. In any event, the Claimant appears to have finished the course of therapy in any event. In addition, this therapy service is available to anybody registered with a GP. The Claimant can register with a GP in his new area for a new referral to the therapy service if that is needed.